we Hire a casual employee for more then 15 time in last 10 year as casual worker now he went in labor office when we deny him to cont. work he is demanding 15 year retrenchment compensation and gratuity,
he have withdrawal all PF amount time to time,
Was the work incidental or perennial in nature?
However the period of 20 days is a short duration and the employer is well at liberty to stop hiring them.
No need to give them any written termination or other order.
As a matter of fact it is not dismissal of casual labour, it is just that requirement is over and they are being called upon to render daily services.
Refer this link:
Casual labourers have no right to regularisation | Business Standard News
Prima facie the employee who worked 15 times(Days??) has no real legal case to win in the court.
and if you hired them through a contractor then simple say to your contractor, no need to interfere in matter. because they are not your employee they are on payroll of your contractor.
If your contention that the individual was provided casual employment for more than 15 times only in the last 10 years is true, you need not bother about his present claim for retrenchment compensation. Retrenchment compensation is based on continuous service rendered by the employee under the same employer. Pl refer to Sec.25B of the Industrial Disputes Act,1947 for the definition of " continuous service". If you have documentary evidence like muster roll, it is suffice to disprove his claim. Even otherwise the annual slips issued by the EPFO would contain the actual amounts of contribution from which also the no of days worked in a particular year could be inferred. However, It is the duty of the claimant to prove his continuous service when it actually spreads across a longer time span of 10 years.